Graham v. Hardy
Anne Graham
Law Firm / Organization
Lawson Lundell LLP
Lawyer(s)

Peter Roberts K.C.

Jeffery Les Hardy
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Mark Pontin

Lifeguard Health Inc.
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Mark Pontin

Background:
Anne Graham, the plaintiff, loaned money to Jeffery Les Hardy and his company, Lifeguard Health Inc. The total loaned amount was $158,000, with specific terms recorded in a promissory note known as the "March Note." The dispute arose over the repayment terms, including the amount owed beyond the principal sum and whether Hardy was personally liable.

Legal Issues:

  • Liability of Jeffery Les Hardy: The court considered whether Hardy was personally responsible for the loans or if the obligation was solely on Lifeguard Health Inc. It determined Hardy was personally liable.
  • Interest and Fees: The parties disagreed on whether interest or fees applied beyond December 31, 2019. The court analyzed if additional fees beyond the principal amount were due, given the lack of agreement on an annual interest rate. The Interest Act did not apply, as the loans were considered short-term financing.
  • Calculation of Fees: The court directed the parties to calculate the effective interest rate based on a payment of $66,206 over a $128,000 loan. If this rate exceeded 60%, it would be capped at 60%.

Outcome:
The court ruled in favor of Anne Graham, determining that she was entitled to recover both the principal and fees/interest accrued until April 21, 2023, based on the agreed terms in the March Note. It held that any additional interest after the judgment date would be calculated under post-judgment interest rules.

Supreme Court of British Columbia
S215404
Civil litigation
Plaintiff